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Ordinance No. 16,028 ORDINANCE NO. 16,028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE SALE OF APPROXIMATELY 0.3432 ACRES OF LAND LEGALLY DESCRIBED AS LOT 14, BLOCK 61, OF THE LAKEWOOD SUBDIVISION SECTION G,TO DONALD RAY MORARA;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS, the City of Baytown,Texas owns approximately 0.3432 acres of land located at 527 S. Burnett Drive, legally described as Lot 14 Block 61, of the Lakewood Subdivision Section G; and WHEREAS,the Property is no longer needed for municipal purposes and hereby declared surplus to the needs of the City; and WHEREAS, the Property was listed on the Multiple-Listing Service(MLS) for a minimum of thirty (30) days in accordance with applicable laws and procedures for the sale of public property; and WHEREAS, Donald Ray Morara submitted the highest cash offer of FORTY-FIVE THOUSAND AND NO 100 DOLLARS ($45,000.00) for the purchase of the Property; and WHEREAS, the City Council of the City of Baytown, Texas finds it to be the best interest of the City to sell the Property to Donald Ray Morara and to authorize the City Manager to execute all necessary documents for the sale; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of Baytown, Texas, hereby declares the Property located at 527 S. Burnett Drive, legally described as Lot 14, Block 61,of the Lakewood Subdivision Section G as surplus to the needs of the City. Section 2: Awards the sale of the 0.3432 acres of land located at 527 S. Burnett Drive, legally described Lot 14,Block 61, of the Lakewood Subdivision Section G by Special Warranty Deed, to Donald Ray Morara for the amount of FORTY-FIVE THOUSAND AND NO 100 DOLLARS ($45,000,00). The Special Warranty Deed is attached hereto as Exhibit "A", which is incorporated herein for all intents and purposes. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this 12ti, day of December, 2024. NDON CAPETILLO, Maydr EST: AYTa�ctlV TF oe 066 � a ,`N e e e E u e A GEL O iny Cl a° 1�2 •ec c� S APPROVED S O FO>�� � SCOTT LEM )ND,City Attorney New 0 527 S Burnett Ordinance docr EXHIBIT"A" SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT the CITY OF BAYTOWN ("Grantor"), a home-rule municipal corporation, for and in consideration of the sum of FORTY-FIVE THOUSAND AND NO.IOO DOLLARS ($45,000.00) and other good and valuable consideration paid by DONALD RAY MORARA ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, and subject to the matters set forth or referred to herein, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto Grantee all that certain tract or parcel of land, together with all improvements thereon (if any), lying and being situated in the State of Texas and County of Harris (the "Property"), more particularly described in Exhibit"WD1,"which is attached hereto and incorporated herein for all intents and purposes. This conveyance is made and accepted subject to any and all matters, restrictions, covenants, conditions, ordinances, encumbrances, rights-of-way, easements, tax liens, boundary disputes, shortages in area, matters shown on surveys, maps or plats, encroachments, overlapping of improvements, rights of parties in possession, maintenance charges and the lien securing said charges, and all outstanding mineral and royalty interests, if any, affecting the Property, whether or not of record in the office of the County Clerk of said County, to the extent, but only to the extent, the same are now in force and effect and relate to the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors or assigns, forever; and subject to all of the matters set forth or referred to herein, Grantor does hereby bind itself, and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through, or under Grantor only from and after the date Grantor first acquired title to the Property, but not otherwise. Ad valorem taxes with respect to the property for the current year have been prorated as of the date hereof. Special Warranty Deed, Page 1 Grantor has executed and delivered this Special Warranty Deed and has granted, bargained, sold and conveyed the Property, and Grantee has received and accepted this Special Warranty Deed and has purchased the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE, AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (i) THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO SUITABILITY FOR HABITATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE; (ii) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN, OR ENGINEERING OF THE IMPROVEMENTS; (iii) THE QUALITY OF THE LABOR OR MATERIALS INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE PROPERTY OR WHICH AFFECT THE PROPERTY; (v) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL, CASH FLOW, OR OTHERWISE; (vi) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; (vii) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY MANNER ANY OF THE PROPERTY; (viii) ALL EXPRESS OR IMPLIED WARRANTIES UNDER TEXAS PROPERTY CODE SECTION 5.023(a)(2); AND (ix) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTORS WHATSOEVER, EXCEPT SOLELY THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN. Special Warranty Deed, Page 2 Executed this day of , 20 GRANTOR: By: — — Name: Title: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF A.D., 20 NOTARY PUBLIC, STATE OF TEXAS Special Warranty Deed,Page 3 AGREED AND ACCEPTED BY GRANTEE: DONALD RAY MORARA ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned Notary Public, on this day personally appeared Donald Ray Morara, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the instrument on behalf of the City of Baytown for the purposes and considerations expressed in it. Given under my hand and seal of office on the day of 72024. Notary Public in and for the State of Texas Special Warranty Deed, Page 4 GRANTORS' ADDRESSES: CITY OF BAYTOWN ATTN: CITY CLERK P.O. BOX 424 BAYTOWN, TX 77522 RETURN TO GRANTEE: DONALD RAY MORARA 274 COUNTY RD 2131 CLEVELAND, TX 77327 R .Ordinances and Resolutions Ordinance DraRs\2024-12-12�SPECIAL WARRANTY DEED- 105 W.Humble.doc Special Warranty Deed, Page 5